Haresh Kumar @ Haresh Kumar Yadav @ ... vs The State Of Jharkhand
2021 Latest Caselaw 4265 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.411 of 2021
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Haresh Kumar @ Haresh Kumar Yadav @ Haresh Yadav .... .... Petitioner Versus The State of Jharkhand .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Lakhan Chandra Roy, Adv.

For the State                        : A.P.P.
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              th
05/Dated: 18 November, 2021

1. The defects as pointed out by the office are ignored for the time being.

2. The instant revision application has been filed against the impugned order dated 16.07.2021 passed in Criminal (Juvenile Bail) Appeal No.20 of 2021 by the learned Special Judge Children's Court, Deoghar whereby and where under judgment/order dated 29.06.2021 passed by the learned Juvenile Justice Board, Deoghar in Enquiry No.160 of 2021 in connection with Margomunda P.S. Case No.19 of 2021 for the offence under Sections 395, 212, 120B of the Indian Penal Code and under Section 27 of the Arms Act, has been confirmed. The case is now pending in the court of the learned Juvenile Justice Board, Deoghar.

3. It is submitted by the learned counsel for the petitioner that the petitioner is in observation home since 21.05.2021 and aged about 16 years. Further, it has been stated that the juvenile has approached this Court through his father who is ready and willing to keep his minor son in his proper custody and care. On this basis, prayer for bail has been made.

4. Learned counsel for the State has opposed the prayer for bail.

5. Having heard learned counsel for the parties and on perusal of records, it appears that the juvenile is in custody since 21.05.2021 and it is a case of road robbery. No order has been passed under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as the Juvenile Justice Board is not functional due to absence of Member.

6. Considering the social investigation report and the mandate of Section 3 of the J.J. Act, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Deoghar in Enquiry No.160 of 2021 in connection with Margomunda P.S. Case No.19 of 2021, subject to condition that one of the bailors must be the father of the petitioner.

7. Further, concerned Probation Officer is directed to report once in a month, to the Juvenile Justice Board, Deoghar regarding the upkeeping of the minor.

8. Accordingly, instant criminal revision being Criminal Revision No.411 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-